>> bret: finally tonight, we saw the uproar on the delay for the vote for the hurricane sandy relief bill, what we didn't see were the efforts by the new jersey governor to get that vote to happen. >> governor. >> chris: industry lashed out over his own party getting action sandy aide. >> shame on congress. >> got speaker boehner and other republicans to agree signing a bill giving aide to the northeast by using new jersey like persuasion tactics. [screaming] >> bret: thanks for inviting us into your home tonight. that is it for this "special report," fair, balanced and unafraid.

>> shepard: this is the fox report. tonight, homemade napan and termites. they burn so hot water can't put out the flames. the movie massacre suspect used them to booby trap his apartment according to cops' testimony today. a bump in the road maybe a big one for the president's nominee for the head of the cia. >> the president calls john brennan one of his closest advisors. now one powerful senator threatening to hold up the confirmation process over last year's deadly attack in libya. >> i'm not going to let this administration get away from having to be held accountable. >> it would be unfortunate if the senate would hold up the nomination. >> shepard: tonight, politics vs. national security. plus a lottery winner dies one

day after hitting a million-dollar jackpot. >> they suggested there may have been more to it than a natural death. >> shepard: tonight, the plan to get to the bottom of who may have killed the guy. and. >> you need to sit right here and you need to sit right here. you are going to waiting wait for the cops you are going to jail. >> a mother had whipped out a that chet at this after finding a burglar eaten all her chinese food and fallen asleep on her couch. but first from fox this tuesday night. the suspect in last summer's movie theater massacre in aurora, colorado, stockpiled thousands of rounds of ammunition. even booby trapped his apartment with explosive chemicals and homemade napan. the famous stuff the military used during the vietnam war. that was all part of the gripping testimony today in a hearing which also included several 911 calls from the night of a shooting spree. as you know prosecutors say james holmes walked ever so calmly into the midnight

premier of the dark night rises, killed a dozen people, wounded nearly 60 more. in 911 audio you can hear 30 shots in 27 seconds. in another call, a 13-year-old girl pleads for help from dispatchers as her 6-year-old cousin laid dying in front of her. police have yet to release the audio to the public. holmes could face the death penalty if convicted. if and a when the case does grow to -- go to trial his attorneys may try insanity offense. appears to have been weeks if not months of planning as proof that the one time neuroscience graduate student knew exactly what he was doing. alicia acuna outside the courthouse centennial, colorado tonight. another police officer broke down on the stand today. this makes three so far. >> that's right, shep. and the judge decided to call for a break when this aurora police supervisor choked up when he was listing all of the injured persons' names 70 in all.

prosecutors detailing each attempted murder charge. also today cross-examination of a detective who said officers put paper bags over holmes' hands to preserve gunshot residue. the suspect began moving the bags like puppets. he also played with styer row foam cups and tried to stick a staple in electrical outlet. they did not test holmes for drugs because he didn't appear to be anything, shep? >> shepard: because the defense is attempting to show he was insane, right? >> yeah. that's right. the defense has brought this up multiple times. the prosecution points out that holmes was come compliant and understood commands during his arrest. when he was asked if anyone was with him, he answered it is just me. now, he also told police, according to police testimony, holmes warned cops away from his deadly apartment. >> that holmes volunteering that his apartment was booby trapped, that probably saved lives. was it the spark of humanity or was it evidence that he knew right as opposed to

wrong? >> now the defense plans to call its own witnesses which is out of the ordinary for a preliminary hearing, shep? >> aloose i can't aconsume i can't outside the courthouse tonight. the only known suspect in last year's deadly attack in benghazi libya is now reportedly a free man. so says his attorney. the suspect was reportedly in custody in the capital of tunisia which is west of libya. the attack killed chris stevens and three other americans. the fbi reportedly questioned the 26-year-old suspect just last month. but a judge in tunisia ruled that there is not enough evidence to continue to hold him him. we have team fox coverage tonight. james rosen is with us from the state department. first "the fox report's" correspondent jonathan hunt is live tonight as well. jonathan, the state department officials clearly did not want to talk about this today. >> yeah did, not want to talk about it at all. victoria new land is a spokeswoman for the state department. she held what is known as the daily briefing today, shep. she was peppered with questions about the release of

him in tunisia. she said it was simply not a matter for the state department to comment on. listen. >> the president has committed that we will see justice in this case. we have confidence that we will see justice in this case. but the fbi has the lead. they have to do this right. it is their business we support them in that business. i will send you to them on the status of the case. >> we did as victoria new land suggested and asked the fbi for their comment they told us they had none, shep. >> shepard: are we clear yet on whether the libyan government is willing or able to help with this? >> we are pretty clear that they are neither willing or able the problem in benghazi is that it really isn't controlled by the libyan government. various militias control various parts of that city. in fact, the government official who was supposedly in charge of overall security in benghazi was assassinated just two months after the murder of ambassador stevens and those

three other americans. the libyan government then sent an investigator to look into that murder. we're told that that investigator was kidnapped just this past sunday. in those circumstances, it's hard to seat libyan government as any sort of effective partner in this investigation. shep? >> shepard: jonathan hunt in new york city tonight. jonathan, thanks. a republican senator is threatening to block president obama's choice for the cia director this time in the white house hands over more information about that attack in benghazi. the president nominated his counter terrorism advisor john brennan. did so yesterday to take over the agency where he spent 25 years. the south carolina republican senator lindsey graham tells fox news he will not vote to confirm anybody for the job until he gets answers to more than 100 questions about benghazi. >> this administration stone walling to congress. they are trying to get benghazi behind them politically in their rear view mirror. i'm going to stand firm to get the basic answers that should

have been given to the congress months ago. >> it would be unfortunate, i think, if in pursuit of this issue, which was highly politicized, the senate would hold up the nomination of john brennan to be director of the central intelligence agency. >> shepard: it's not only benghazi. brennan is also facing criticism about the droning of terror suspects. team fox coverage continues now. james rosen at the state department tonight. james? >> shep, good evening. as a counter terrorism advisor to president obama over the last four years. john brennan has been, perhaps, the principle architect of a program that is lethal. highly effective in combating al qaeda's leadership. terribly controversial both here and around the world. these unmanned aerial vehicles or drones are preprogrammed for flight and often armed with weapons like hell fire and missiles. they first became a valued tool after the start of the afghan war in late 2001 and

soon cia was able to deploy them without need for military backup. president obama inherited the program from his predecessor but greatly expanded it. today the white house addressed claims from countries like afghanistan and pakistan who say the strikes have killed several hundred innocent civilians. >> we endeavor to reduce civilian casualties as much as possible. and i think that the broader record here of success in taking the fight to al qaeda is one that has made the united states safer. >> there have been at least six u.s. drone strikes conducted already this year, shep. >> shepard: james, the president and john brennan say the drone program is illegal. >> yes. and they have erected all kinds of elaborate legal justifications for carrying out the strikes. the goal of all of that lawyering was to shield the u.s. from challenges under international law. but civil liberty advocates

don't buy that drones are used decisions against combatants. >> the use of drones may be more precise than bombardment, but that isn't the right question that we should be asking. the question is, is the use of drones lawful in the places in which we are using them and against the people who are being killed? and the answer to that is, no. >> also controversial, double tap drone strikes in which we sometimes fire on the same area twice in a row. sometimes allegedly killing first responders, shep? >> shepard: james rosen at the state department tonight. thanks. iran is weighing in on president obama's choice for defense a second. today one iranian official says he hopes chuck hagel will help make practical changes in american foreign policy. some of his fellow republicans say they cannot and will not support hagel because of his record on israel and iran. he once made a comment about the quote jewish lobby and

some of the, quote, dumb things they do. but later went on to say he supports israel in every way in the same conversation. at any rate now tells nebraska newspaper critics have completely distorted his record. he has shown unequivocal support for israel and called iran a sponsor of terrorism many times. first, there was a fire on one plane. now a fuel leak on another. the aircraft maker boeing dealing with a pair of problems on newest passenger jet the dream liner. what's up here? we will get a report next. plus a guy wins a million bucks in the lottery. the next day he is dead. investigators at the time said natural causes. they are digging up the body now to try to figure out who poisoned him. that and the rest of the night's journalists on this fox news tuesday fox report. it's the little things in life that make me smile.

spending the day with my niece. i don't use super poligrip for hold because my dentures fit well. before those little pieces would get in between my dentures and my gum and it was uncomfortable. even well-fitting dentures let in food particles. super poligrip is zinc free. with just a few dabs, it's clinically proven to seal out more food particles so you're more comfortable and confident while you eat. so it's not about keeping my dentures in,

it's about keeping the food particles out. [ charlie ] try zinc free super poligrip. aww man. [ male announcer ] returns are easy with free pickup from the u.s. postal service. we'll even drop off boxes if you need them. visit usps.com pay, print, and have it picked up for free. any time of year. ♪ nice sweater. thank you. ♪ woman: what do you mean, homeowners insurance doesn't cover floods? [ heart rate increases ] man: a few inches of water caused all this? [ heart rate increases ] woman #2: but i don't even live near the water. what you don't know about flood insurance may shock you -- including the fact that a preferred risk policy starts as low as $129 a year.

for an agent, call the number that appears on your screen. there are s. more trouble tonight for boeing and new 787 dream liner.

two incidents in two days at boston's international airport started this. according to a spokesman for the airport. a japan airline streamliner spilled about 40 gallons of fuel just before taking off. japan air reports the flight has since taken off. the spokesman says the feds will not be investigating the incident because it was a maintenance issue. federal investigators are looking no another incident from yesterday. that's when a fire broke out from the belly of a different japan airlines dream liner. smoke filled the plane, no passengers were on it at the time. dan springer is live at our seattle newsroom tonight. that home to boeing. how worried are company officials? >> well, shep, they were worried enough yesterday to have a big conference call all of their 787 customers. and then they got more bad news today, of course, first in a "wall street journal" report about a wiring problem and then that fuel leak by far the most serious incident though is the fire. a company source tells me a

lithium ion battery overheated. it's the power source when the plane's engines are off. it's not the first electrical problem to hit the dream liner. a fire on taste flight back in 2010. three more electrical malfunctions in december of last year. a flight had to be diverted to new orleans. a qatar airway's flight had the same issue and united had to take a plane out of service to replace a power panel and generator. >> these are all electrical issues but it appears to me that these are different electrical issues. now, having said that the national transportation safety board will probably take a look at all of these electrical issues and try to determine if there is some sort of pattern or systemic nexus. >> and i asked scott hamilton if he would still fly the 787 he said he would, shep. >> shepard: are the feds giving up in this dan? >> the national transportation safety board has launched its first investigation of the 787 team of three investigators are joined by experts from boeing, the f.a.a. and japan

airlines. the stakes are huge, of course for boeing. the dream liner had a lot of buzz but hit by a lot of cough cost and quality issues. analysts don't think it will turn a profit for another 8 years. company stock got hit down 4% since the fire. >> dan springner seattle, dan, thanks. we may learn more about the circumstances surrounding the poisoning death of a chicago area lottery winner. sometime in the next couple of weeks. that's when the medical examiner now says a team will dig up the victim's body to search for more clues. that winter died last summer one day after the illinois lottery sent him a check with the winnings from a scratch offer ticket. lump sum option of half a million dollars after taxes. the medical examiner first ruled the victim died of a disease linked to heart attacks and strokes but the family soon requested that investigators take a second look. and today on "studio b," that medical examiner said his team did not expect a cyanide test to come back positive.

>> when it showed up it was a bit surprised. when we do the exhumation we can look at the different tissues depending on the condition of the body and get more information. >> cops are investigating the case now as a murder. binge drinking, it's become a major problem among women according to health experts. they say the numbers are especially troubling for high school girls. we'll show you the results and break down the data next. plus a bride and groom got hitched on a hot air balloon. [screams] >> shepard: not exactly smooth sailing until the end. we will show you the rest of the video ahead as fox reports live tonight.

♪ so, i'm working on a cistern intake valve, and the guy hands me a locknut wrench. no way! i'm like, what is this, a drainpipe slipknot? wherever your business takes you, nobody keeps you on the rd like progressive commercial auto. [ flo speaking japanese ] [ shouting in japanese ] we work wherever you work. now, that's progressive. call or click today.

>> shepard: seems millions of americans are downing too much alcohol and putting their health at serious risk. that's the word from the feds who say the numbers are particularly alarming for young women. according to the centers for disease control and prevention, nearly 14 million american women report binge drinking about three times a month. for women, officials define that as having four or more drinks in one setting. but these women report having an average of six drinks at a time. and it's not just the ladies. 20% of high school girls say they binge. health experts claim many people just don't recognize the problem and that drinking such amounts is extremely dangerous and potentially deadly. john roberts in our atlanta newsroom tonight. home of the cdc. hey, john. >> geographic to you, shep. those numbers particularly among high school girls are very troubling. believe it or not it gets worse as the get older. one in five figure for high school girls. by the time they get into college and working world. that number increases in one in four. the heaviest drinkers tend to be white women followed by

hispanic women and as they get into the working world, they have more disposable enemy, more money to buy alcohol. the heaviest drinkers tend to have an income of $75,000 and above. now, all of this as can you imagine has serious potential health consequences. accord to the cdc, 12,000 young women die every year from binge drinking. and there are plenty of other things besides death disease-related to worry about according to dr. tom freidman who is the head of the cdc. here is what he tell me. >> when men and women binge drink they are more likely to have particular problems for girls. unintended pregnancy, sexually transmitted infections, violence, injury. as well as other problems such as breast cancer and reproductive problems. >> women are much more sensitive to alcohol than men are here are the reasons why. first of all, they have lower body weight so they have got more alcohol per pound. even if they weigh the same as

a man or a boy does, they have water water in their body so the alcohol is less diluted than the boy or man. because they lack or at least don't have the same amount of an enzyme that men do that metabolizes alcohol they get more in their bloodstream. one drink for a woman would have the same effect as two drinks for a man. if a woman were to drink six beers it would be like a man drinking 12. historically men and boys binge drink twice the rate as women but that is changing. really changing among girls in high school. they are now about even with their male counterparts. and a new study that just came out in spain found that college aged women binge drink more than men do. shep? >> shepard: john roberts in atlanta tonight. thanks. men and women as young as 18 could soon hit the bar and drink legally in one state as long as their parents are along for the ride. a republican state senator in colorado says he plans to introduce a bill that legalizes alcohol for 18 to it

20-year-olds in his state's restaurants and bars provided their folks buy it for them. he says he came up with the bill after he took his daughter out for her2 0th birthday but she couldn't have a drink with him. >> you are 19 or 20 years old. you can risk your life for your country. can you vote and enter into contracts that will be binding for the rest of your life. but you can't go have a beer. i can't legislate good parenting skills. but what i can do is create an earn virn. where -- environment where good and responsible parents can become children become good and responsible adults. >> bill: the bill may open the bill to more drunking driving cases. this doesn't make drinking and driving. some have exceptions to the 21 and over law in states. such as allowing kids to drink at home. we are hearing president obama is about to make pick tim geithner. bumpy ride on capitol hill. the details on that lye from the white house.

plus, how the fight over the fiscal cliff could delay your tax refunds. look out now. ÷÷ what are you doing?

nothing. are you stealing our daughter's school supplies and taking them to work? no, i was just looking for my stapler and my... this thing. i save money by using fedex ground and buy my own supplies. that's a great idea. i'm going to go...

we got clients in today. [ male announcer ] save on ground shipping at fedex office.

>> shepard: the bride and groom's big day got off to bumpy start when hot air balloon crashed moments after they said i dos. here it is. >> positions, everybody. brace. hold on.

[scream] >> yeah! >> shepard: yahoos and then some screaming it was cell phone video from somebody on board the thing. the couple was enjoying a sun set balloon ride with the wedding party when a strong gust of wind blew it off course the basket backyard the balloon deflated onody's house. witnesses say they were nervous when they saw the balloon so low, power lines in the area. they divorced immediately. not really. all is going well. nobody was hurt. i'm shepard smith. this is the fox report. it's the bottom of the hour. time for the top of the news. another showdown may be brewing between the house and the congress. there is word now that president obama may nominate his chief of staff jack lou to replace the treasury secretary tim geithner any day now. a key republican is already predicting a confirmation fight which could come in the middle of the battle over raising the nation's debt

limit. one study predicts we could run out of money to pay all the bills about a month from now. mike emanuel is live at the white house tonight. mike, what's the thinking about why the president would choose luke? >> well, jack lew a favorite of president obama because he has serious knowledge of the federal budgets. he has a no drama style. he has been serving this president in a very high profile capacity since president obama took office as white house chief of staff and before that as the director of the office of management and budget. lew has served as director of those two big jobs. bottom line is we are told that he is well-trusted well regarded here at the white house, shep? >> probably not a household name everywhere but well known in washington, jack lew. >> no question about that certainly with those two high profile jobs here at the obama administration over the past four years has been engaged in some tough negotiations with lawmakers on capitol hill.

this photo we are showing you is from new year's eve. is he on the right wearing glasses and a blue tie. and bottom line the top republican on the senate budget committee says while he offered this prediction about the confirmation battle. >> it is a bumpy confirmation process. i think the american people need to know that the secretary of treasury will tell them the truth about the financial conditions of this country. will help lay out a plan that can be annualized and studied and will hold up under scrutiny. and they haven't done that from the white house yet. he has been an architect of their failure to lead. >> first the president has it to nominate him. we expect that by the end of the week and then we will get a better sense how the other senators feel about jack lew. >> shepard: something else to fight about. if you file your taxes right away, you will have to wait a bit longer this year to get the refund. the irs start accepting filings on january 30th, 8

days later than originally plan. the agency reports last minute changes to tax law that congress made when lawmakers cut a deal to avoid that fiscal cliff. the irs acting commissioner says the new date gives the agency time to update and test its processing systems. the insurance giant that got a 182 billion-dollar bailout from a taxpayers may soon be suing the u.s. government over the deal. that's the thank you. and it's just started airing tv ads that say thank you, america for the bailout. the board of aig or american international group meets tomorrow to decide whether it will join the former ceo hank greenberg in his lawsuit against the new york fed. greenberg claims the fed used the bailout to save wall street banks at the expense of shareholders. he also calls the fed a lone shark claiming it charged excessively high interest rates. the current a.i.g. ceo says a.i.g. has paid back its debt to america with a profit and we mean it when we say thank you to the american people. at the same time, the board of

directors has fiduciary and legal obligations to the company and its shareholders to consider the demand services on us and respond in a fair appropriate and timely manner, blah blah blah blah blah blah. the white house spokesman jay carney today declined to comment on the possible suit but defended the bailout. a stunning sign of super storm sandy's devastation at one new york airport where damaged cars and trucks have taken over the runways. some 15,000 damaged cars and trucks lined up bumper to bumper creating one massive parking lot. and they are just a frasks the estimated quarter million cars and trucks storm damaged or destroyed back in late october. getting rid of all of them could take a while. but while a long island town is raking in millions of dollars in exchange for the storing the junkers. they are concerned the cars could cause environmental problems. rick leventhal with the news. is he in river head about 75 miles east of new york city. what's the plan for all those cars, rick? >> shep, they are being

auctioned off one by one on a web site. as the cars are hauled out of here by the new buyers on flatbed trucks. new ones are arriving around the clock on car carriers. pretty remarkable site at the airport. taxiway and two runways, miles of pavement packed with these vehicles offered for sale by insurance auto auctions inc. which is paying the town of river head, owner of the airport thousands of dollars a month for every one of the dozens of acres filled with these cars and trucks. >> this is a fantastic deal for the town. it has a general fund of $45 million. if they stay here for the full year we will reap the benefit of about $2.7 billion. in these economic times that is a big big profit for the town. >> now, the regular public can't bid on these vehicles. you have to be a licensed or register recycler, rebuilder or dismanhattan ler to bid,. >> shepard: shep a lot of critics say this doesn't sound like that great of deal.

>> that's because the airport sits above an aquifer, according to environmentalists the water down below is serving many of the people in this region and they are concerned, they say, that these vehicles could be leaking fuel oil, gasoline, chemicals, lube brie can't into the ground and that could taint the water supply. >> run off is the third largest contributor to ground water pollution on long island. these people have gone to the center of the island's most pristine drinking water supply and put some 35,000 wrecked vehicles, a truly bad idea. >> well, the town says there are 15,000 not 35,000 vehicles here. that they are all parked on pavement and most will be gone by march when the main runway has to reopen for planes, shep. >> shepard: rick leventhal in river head, long island. thanks. a man says he was trying to raise awareness of those recovering from sandy when he climbed the wreckage of a new jersey roller coaster to raise an american flag.

the jersey shore amusement ride half submerged in the ocean is one of the most iconic images of the storm's aftermath. police eventually took the flag planter away in handcuffs. the local radio station reports they charged him with disorderly conduct. crews captured a mountain lion that within a kerred into a labor day. fox trip across america. california. the 100-pound animal ended up in someone's backyard in santa barbara. authorities say they got a call from a homeowner about the big cat roaming around a wooded area near a golf course. fish and wildlife agents climbed a telephone pole for a clean shot and took it down with a tranquilizer. they released it back into a national forest. nobody hurt. wisconsin. sheriff's boats joined the coast guard to rescue several fishermen stranded on a block of ice miles offshore. the men had apparently walked out on to the ice before high winds broke it off and pushed it into green bay.

a few fishermen managed to it jump the jack and get to land where one of them alerted authorities. crews pulled all the men to safety after about an hour. kansas. the governor issuing a statewide weight loss challenge to promote healthier lifestyles. organizers held the weigh in ahead of next week's official start. >> our big message is don't give up. you can do it. get a team. get some people around you. hold each other accountable. >> the governor is challenging teams of five to compete against his squad. the two teams that lose the highest percentage of their total starting weight over four months will be eligible for cash prizes and that's a fox watch across america. the same day gabby giffords launched a new gun control effort. the white house announced it will accept a white house invitation to discuss gun

violence. we will take a look at both sides of the debate as the mayor of tucson, arizona, marks two years since a gunman killed six people and injured dozens of others, including congresswoman giffords. [bell tolls] think courage. think shaun white. think how perfect they'll be for outdoor afts. mr. white. [ male announcer ] they're good for circulation. plus, they're totally practical. yeah, freedom. scan me stride on, pale-legged, short-shorts guy. ♪

humans. even when we cross our t's and dot our i's, we still run into problems.

namely, other humans. which is why at liberty mutual insurance, auto policies come with new car replacement and accident forgiveness if you qualify. see what else comes standard at libertymutual.com. liberty mutual insurance. responsibility. what's your policy? >> shepard: biden is leading a task force on gun violence and it will hear from the national rifle association. the nra has accepted a invitation to meet with the group this week. president obama asked the v.p. to come up with recommendations this month to try to prevent a repeat of the massacre in newtown, connecticut. gabriel giffords and her husband the astronaut mark kelly visited new town, now they are launching their own effort to reduce gun violence. two years to the day since a gunman shot her in the head and killed six people wounding a dozen others. trace gallagher in our west coast news hub this afternoon. they are putting a lot of

pressure on congress, aren't they? >> the pressure in congress as well as the national rifle association, shep. the reason that gabriel giffords and mark kelly came up with that political action committee was to raise enough money so they could fight the gun lobby on capitol hill. in their op ed in "u.s.a. today" giffords and kelly right in part quoting here wise policy has conquered disease, protected from us dangerous products and substances and made transportation safer. but when it comes to protecting our communities from gun violence. we're not even trying. and for the worst of reasons. here they where abc news anchor diane sawyer. >> gun. gabby and i are both gun owners, we have to do something to keep the guns from getting in the wrong hands. >> when it can happen to children in a classroom, it's time to say. >> enough. >> gun rights advocates are well away that gabriel giffords is a sympathetic figure and could be a force for gun control. we reached out to the nra

several times for a comment. they have not gotten back to us. but they have said before they will do whatever it takes to make sure that violence like what happened in newtown connecticut does not happen again. >> shepard: the nra isn't the only gun rights involved in this. >> the national sports shooting foundation will also be involved in those talks. we have heard that the nra's top lobbist james brady he will also be on hand to meet with vice president joe biden. along with those groups you also have gun violence victims, entertainment industry officials, video game makers and mental health professionals. the reason the vice vice president's task force will make the recommendations to cush gun violence to the president by the end of the month judge awarded 112 days

off any prison sentence should he be convicted. manning's lawyers were fighting to have the charges dismissed arguing that the military locked him up in a small cell for 23 hours a day and made him sleep naked for several nights. bringing officials claim they were trying to make sure private manning didn't hurt himself or others. his trial is set to start in march. being a house burglar is a tiring job. all that breaking and lots of lifting and lugging. they don't warn you about that sometimes bad guys have to sleep. one robbery suspect dozed off on the wrong lady's couch. >> i was like no, son. you are staying. you are staying right there. >> shepard: he woke up to find himself on the pointy end of parnell's machete after she discovered him snoozing in her

living room. >> typical mom, right? i just go over there and slap his feet off the couch like what are you doing with your feet up on my couch? i'm like, are you kidding me? bam. >> the guy apparently busted through a window, stuffed valuables into his bag before stuffing his face with leftover chinese food. >> it is so hard to find good chinese food to me. she says facing god and her big old machete helped her get through the confrontation. >> you need to sit right here. you are going to waited for the cops. >> you are going to jail. >> shepard: parnell snapped this photo as cops showed up to arrest him. >> you are in my house. you are invading my space. you know, this is what god has left me with, you know? i'm going to stand in here and fight. >> shepard: it actually happened a couple of months ago, it's the first time the woman is telling her story. investigators report the suspect was already on probation for car theft. we are told he posted bail but cops arrested him again last month for driving a stolen car. another state is set to allow illegal immigrants to become

licensed drivers. it's all about making the roads safer. critics claim it opens the door to all sorts of problems. we'll report. you decide. plus, firefighters say it doesn't get any worse than this. tonight, the frantic search for dozens and dozens of people missing in inferno. sentra apart and completely reimagined it? ...with best-in-class combined mpg... and more interior room than corolla and civic? ...and a technology suite with bluetooth, navigation and other handy stuff? yeah, that would be cool. introducing the all-new nissan sentra. it's our most innovative sentra ever. nissan. innovation that excites. now get a $169-per-month lease on a 2013 nissan sentra. ♪

>> shepard: illinois third straight to allow get driver's license. bipartisan support and waiting for the governor's signature. proponents claim it's important for pluck safety. reacting today rahm immanuel said the more we can do to help recent immigrants to step out of the shadows the more they can do to make active contributions to our economy. while the bill would not offer most of the benefits of regular licenses critics say it could still open the door

to some fraud. steve brown is in our chicago newsroom. what's this fraud concern? >> well, it has nothing to do with driving. it's using a driver's license as a form of identification. now to get one typically you have to prove that you live within the state. that you can pass the test, of course, then you have to provide a birth certificate and social security number. for the undocumented driver's license going to be offered here in illinois, the landscape of it will be or the layout of it won't be landscape but portrait and all they really need to provide is proof that they live somewhere and paperwork from back home which may open the door for these items to be used for fraud in other kinds of i.d. theft. in the meantime, folks that were against this idea from the start say that what really should happen first is the federal government tackling expensive immigration reform. >> i totally understand the arguments relative to the highway safety issue. and everything like that

unless you have a uniform rule throughout the united states. it invites fraud and invites, you know, chaos as i said. but that was the minority opinion. this piece of legislation breezed through the state assembly. governor quinn says is he anxious to sign it. >> shepard: is the thinking that undocumented immigrants are going to come forward and identify themselves to get these licenses? >> you think there might be hesitation but apparently the bigger fear is traffic stops. now, if you are undocumented driving without a license and you are pulled over, there is a strong possibility that you will be arrested, taken in, fingerprinted and starting a process which might end up with deportation. so, by being able to achieve one of these licenses in the future here in the state of illinois, it will provide folks here who are undocumented a measure of security. i think at the state level it's the biggest thing can you

do. it's what assures you when you leave your home in the morning to go to work can you come home to your kids in the evening. one the big arguments in illinois is new mexico did it and it provided better safety and savings forever drivers in new mexico. university did a study that showed not that cherry story. slightly safer roads and no greater number of folks buying insurance which cuts down on everybody else's insurance cost. shep? >> shepard: steve brown in chicago tonight. hugo chavez is too sick to attend his swearing in thursday for a third term as venezuela's president. that's the word from the country are's government. venezuela's vice president says chavez is invoking a constitutional provision that allows claying the ceremony past the official date of january 10th. the opposition party is challenging that. the venezuelan leader has been in a cuban hospital as far as we know since having cancer surgery last month. officials have said chavez has a lung infection and they are down playing reports that he is on life support.

chavez has has long had a tense relationship with the u.s. once famously calling president george h.w. bush diablo. the wildfire threat is now at catastrophic. the highest possible level in southeastern australia as crews there battle more than 100 fires. high winds and heat fueled flames on the mainland and island of tasmania, around 100 people still reportedly missing after brush fires destroy their homes last week. evacuated national parks. no word of anybody killed, first alert forecasters are calling for cooler weather which the crews say should help control the fires two. days after an injury forced one of college football's -- i should say one of football's brightest young stars out oof the biggest game of budding career still waiting to find out exactly how bad he is hurt. r.j. iii is in the cube tonight. the latest word on his condition. we have new reports plus a little bit on the alabama.

who sent it to cindy, who wondered why her soup wasn't quite the same. the recipe's not the recipe... ohhh. [ female announcer ] ...without swanson. the broth cooks trust most when making soup. mmmm! [ female announcer ] the secret is swanson. office superstore ink retailer in america. now t $6 back in staples rewards for every ink cartridge you recyc when you spend $50 on hp in staples. th was easy.

but don't just listen to me. listen to these happy progressive customers. i plugged in snapshot, and 30 days later, i was saving big on car insurance. with snapshot, i kn what i could save before i switched to progressive. the better i drive, the more i save. i wi our company had something this cool. you're not filming this, are you? aw! camera shy. snapshot from progressive. test-drive snapshot before you switch. visit progressive.com today. [ male announcer ] how do you make 70,000 trades a second... ♪ reach one customer at a time? ♪ or help doctors turn billions of bytes of shared information... ♪ into a fifth anniversary of remission? ♪ whatever your business challenge, dell has the technology and services to help you solve it.

maybe you want to incorporate a business. orrotect your family with a will or living trust. and you'd like the help of an attorney. at legalzoom a legal plan attorney is available in most states with every personalized document to answer questions. get started at legalzoom.com today. and now you're protected.

>> shepard: dynasty established in tuscaloosa. throttled bcs championship game in miami. 42 o-14. frankly, it wasn't that close. alabama has now won back-to-back titles in three of the last four. seven straight titles for sec teams. no surprises. the associated press today ranked the tide number one. the fighting irish dropped to fourth. earlier today the team arrived back in tuscaloosa. as for television ratings they started strong for espn 35 to nothing. lights of green clad fans went to bed. so no record breaker but better than lsu and alabama last year and anything is. football fans awaiting word on the health of the washington red skins star robert griffin north dakota. multiple reports that rg iii is expected tounder go work this week to repair a torn ligament in the knee. doctors determine if he suffered dang to in another ligament.

set to visit ortho peedist after a team coach said mri was inconclusive. rg iii could miss part or all of next season. before we go top five things of the day. elvis fans flocking grace land for what would have been his 78th birthday. asking for private donations to help cover the cost. number three a fuel leak on one of boeing's 787 dream liners. one day after a fire broke out on another one of those planes. number two a top republican senator threatening to delay confirmation of president obama's pick to head the cia until the white house answers his questions on the benghazi consulate attack. and number one tonight, the suspect in the colorado movie theater massacre staring straight ahead in court as prosecutors played a chilling 911 call filled with screams, crying and shots. that's "the fox report's" top five. and on this day